Jo Malone hopes ‘sense will prevail’ in lawsuit over her name
Jo Malone Hopes ‘Sense Will Prevail’ in Legal Battle Over Her Name
Jo Malone, the renowned fragrance creator, expressed her desire for “common sense to triumph” amid a dispute with Estée Lauder and Zara. The case centers on the use of her name in a collaboration between Jo Loves and Zara, which Estée Lauder claims violates its trademark rights. Malone founded Jo Loves in 2011, expanding her creative ventures beyond her original brand, Jo Malone London, which she sold to Estée Lauder in 1999.
Estée Lauder has initiated High Court proceedings against Malone, Jo Loves, and Zara’s UK branch, alleging breach of contract and trademark infringement. The legal action follows the release of packaging that featured the phrase “A creation by Jo Malone CBE, founder of Jo Loves,” sparking claims of unauthorized use of her name. Despite the collaboration beginning in 2019, the lawsuit has now been filed, prompting Malone to voice her surprise and disappointment.
Malone’s Perspective on the Lawsuit
“Nobody did anything about it when the collaboration first started,” Malone stated in an Instagram video. She emphasized that the partnership was clearly defined as being unrelated to her original brand, Jo Malone London. “We’ve done as much as we could to ensure clarity,” she added, while questioning why Estée Lauder is pursuing legal action now.
Malone clarified that she has not sold her identity, insisting that the collections in question were created by her personally. “If it was wrong now, it would have been wrong from the beginning,” she argued, highlighting her commitment to maintaining her creative legacy. The BBC sought Estée Lauder’s response, but Zara has yet to provide a statement.
Terms of the 1999 Agreement
Under the 1999 deal, Malone agreed not to use the “Jo Malone” name in commercial contexts, such as fragrance marketing, for a period of time. While she initially adhered to these terms, Malone has since reflected on her decision, expressing regret. She remains open to defending her position in court but hopes for a resolution that allows both parties to coexist in the same market.
Malone, who launched her perfume line in the early 1990s, drew inspiration from British nature, creating a distinctive brand that gained widespread acclaim. She sold the company to Estée Lauder for “undisclosed millions” but retained creative control until 2006. A non-compete clause barred her from developing new fragrance or skincare lines until 2011, when she founded Jo Loves. Estée Lauder maintained that the agreement was respected for years, with Malone compensating the company for the terms she agreed to.
